South Africa may have prevailed in their case at the International Court of Justice (ICJ) as it ordered that Israel must “take all measures within its power” to prevent all acts within the scope of the Genocide Convention. However, a major concern raised by Africans is the blatant display of ‘betrayal’ shown by a Ugandan judge who voted with Israel.
Seventeen judges led by an American and a Russian including one each from Israel and South Africa sat on the panel which dismissed Israel’s request to throw out a case accusing it of genocide in Gaza. Ugandan judge Julia Sebutinde was also on the bench.
She was voting, alongside others, on the nine provisional measures requested by South Africa in its genocide claim against Israel and she was going against South Africa.
Soon after a Wikipedia biography of the Ugandan judge Julia Sebutinde, who voted against some of the provisional measures imposed on Israel, was altered minutes after the verdict to display her title as ‘Genocide Julia Sebutinde’ and call her ‘Pro-genocide Julia Sebutinde, complicit in the occupation of Gaza’.
The hearing in progress on Friday. | Photo Credit: United Nations
The hearing in progress on Friday. | Photo Credit: United Nations
While the court did not agree to South Africa’s request for an immediate ceasefire in Gaza, it directed Israel to allow the entry of basic services and humanitarian assistance into the Palestinian enclave.
Highlighting that the interim ruling creates binding international legal obligations for Israel, Judge Joan E. Donoghue, the court’s President, ordered Israel to report to the court within a month on the steps taken to ensure compliance.
Notably, the UN’s top court took note of several statements made by senior Israeli officials that South Africa claimed were reflective of its “genocidal intent”. In particular, the court referred to remarks made by Israeli Defence Minister Yoav Gallant in ordering a “complete siege” of Gaza and telling troops that they are fighting against “human animals”.
Whether Israel will choose to abide by the ruling is debatable since the court does not have any enforcement powers. For instance, in March 2022, the ICJ ordered Russia to halt its offensive in Ukraine. Although the order was legally binding, Moscow decided to ignore it, resulting in the continuation of hostilities. However, today’s ruling could significantly sway international public opinion.
The provisional measures ordered by the court are as follows:
1. By 15: 2 votes, the court ordered that Israel must take all measures to prevent any acts that could be considered genocidal – killing members of a group, causing bodily harm, inflicting conditions designed to bring about the destruction of a group, and preventing birth.
2. By 15: 2 votes, the court ordered that Israel shall ensure with immediate effect that its military does not commit any genocidal acts.
3. By 16:1 votes, the court ordered that Israel shall take all measures within its power to prevent and punish the direct and public incitement to commit genocide.
4. By 16:1 votes, the court ordered that Israel shall take immediate and effective measures to ensure the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip.
5. By 15:2 votes, Israel was ordered to take effective measures to prevent the destruction and ensure the preservation of evidence related to the allegations of acts within the scope of Articles 2 and 3 of the Genocide Convention.
6. By 15:2 votes, the court ordered Israel to submit a report to the court on all measures taken to give effect to this order within one month.
The court also expressed grave concern about the fate of the hostages being held by Hamas and called for their immediate release.
Source HrareLive
